This End-User License Agreement (“License”) is a crucial legal document that governs your use of software in Pioneer Auto products. As a user of Pioneer automotive technology, it’s important to understand the terms and conditions outlined in this agreement. This document clarifies the relationship between you, the end-user, and Pioneer Corporation regarding the software embedded in your Pioneer Auto device. Please read this License carefully before using the software.
By clicking the acceptance button or installing or using any part of the software in your Pioneer Auto product, you acknowledge that you have read, understood, and agreed to be bound by the terms and conditions of this License. If you do not agree with these terms, do not click the acceptance button and do not install or use the software.
1. Definitions
To ensure clarity, here are some key definitions used throughout this Pioneer Auto Software License Agreement:
- Documentation: Refers to any written help content or user manuals provided by Pioneer to assist you in using the Software. This documentation is designed to guide you through the features and functionalities of your Pioneer Auto software.
- Software: Specifically means the firmware updates provided by Pioneer for your Pioneer Auto Product. These updates are essential for maintaining the performance, security, and features of your in-car entertainment system.
- Product: Denotes the Pioneer multimedia receiver model, or in the context of “pioneer auto”, the specific Pioneer automotive product for which this Software license is granted. This could be your car stereo, navigation system, or other in-vehicle infotainment unit.
- Licensor: Refers to any third-party entity that licenses copyrights, trademarks, and other intellectual property rights incorporated into the Software. Pioneer collaborates with various licensors to bring you a rich and feature-packed experience in your Pioneer Auto product.
2. Limited License
Pioneer grants you a limited license to use the Software, subject to the following conditions:
- 2.1 Authorized Use: Pioneer provides you with a non-exclusive, non-transferable, royalty-free license to install and use the Software. This license is strictly for your personal use with your designated Pioneer Auto Product. It is important to note that this license is tied to the specific Pioneer Auto product you own.
- 2.2 Restrictions: This license comes with certain restrictions to protect Pioneer’s intellectual property and ensure proper software usage. You are explicitly prohibited from:
- Copying the Software or Documentation, except as expressly allowed in this License.
- Distributing, transferring, sublicensing, renting, leasing, lending, selling, or allowing any third party to use the Software. This means you cannot share or profit from the Pioneer Auto software without explicit permission.
- Modifying, reverse engineering, decompiling, disassembling, or attempting to reduce the Software to a human-readable format. These actions are prohibited except to the extent explicitly permitted by applicable law, and even then, only after notifying Pioneer in writing about your intentions.
- 2.3 Export Controls: The Software and Documentation are subject to export control laws and regulations. You must comply with all applicable export and re-export restrictions, including those of the United States. You are prohibited from using or exporting the Software to:
- Any U.S.-embargoed countries.
- Anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List.
By using the Software, you warrant that you are not located in any such restricted country or on any such list and that you will not use the Software for any purposes prohibited by United States law, including the development of weapons of mass destruction.
- 2.4 Ownership: Pioneer and its Licensors retain all rights, title, and interest in the Software and Documentation, including all intellectual property rights. This license does not transfer any ownership to you. Your rights are strictly limited to the usage rights explicitly granted in Section 2.1. You acknowledge that you do not acquire any rights beyond this limited license. Pioneer’s ownership ensures the continued development and improvement of Pioneer Auto software.
- 2.5 Restricted Rights Legend: For U.S. Government end users, the Software is considered “commercial computer software” as defined in relevant U.S. Federal regulations. The U.S. Government’s rights to the Software are limited to those granted to the public under this License. This ensures that the government’s usage rights are no greater than those of any other Pioneer Auto customer.
- 2.6 Corrections; No Support: While Pioneer may choose to release software updates or corrections for Pioneer Auto products, it is not obligated to provide any such updates, support, maintenance, or ongoing assistance for the Software or Documentation. This section clarifies that while updates may be provided, they are not guaranteed as part of this free license.
3. Disclaimer of Warranties
As the Software is provided to you free of charge for use with your Pioneer Auto product, Pioneer provides a limited warranty:
Pioneer warrants that the Software has been developed and made available according to the usual industry standards for free software. However, to the maximum extent permitted by law, and beyond this limited warranty, the Software is provided “AS IS AND WITH ALL FAULTS.”
Pioneer, its suppliers, and licensors explicitly disclaim all other warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. You acknowledge and agree that you use the Software at your own risk.
Specifically, Pioneer and its associated parties do not warrant that:
- The Software will be completely error-free.
- Your use of the Software will be uninterrupted or error-free.
- The Software will perfectly meet all of your specific requirements.
- The Software will be compatible and operate flawlessly with every hardware or software configuration you might choose to use.
No statements, whether written or oral, made by Pioneer Group or any other party, should be construed as warranties from Pioneer beyond the limited warranty stated above. “Pioneer Group” encompasses Pioneer, its subsidiaries, affiliates, and their respective stakeholders.
4. License Breach
You acknowledge and agree that any violation of the restrictions outlined in this License would cause irreparable harm to Pioneer. Monetary damages alone would be insufficient to compensate for such harm. Therefore, in the event of a breach, or threatened breach, of this License, Pioneer is entitled to seek injunctive relief in addition to any other legal remedies available, including financial compensation for damages. This section emphasizes the seriousness of license violations and Pioneer’s right to seek legal recourse.
5. Changes to this License
Pioneer reserves the right to modify this Pioneer Auto Software License Agreement at any time. Pioneer will make reasonable efforts to provide you with advance notice of any changes and the date they become effective. This notice may be posted on Pioneer’s website or through other appropriate channels. Your continued use of Pioneer Auto products and software after such notice signifies your acceptance of the revised License. It is your responsibility to review any updated License agreements.
6. Termination
This License remains in effect until terminated.
You have the right to terminate this License at any time by destroying or deleting the Software and Documentation from your systems.
Pioneer also reserves the right to terminate this License at any time if you breach any provision of this agreement.
Upon termination of this License, regardless of the reason, you must immediately cease all use of the Software and Documentation and destroy all copies in your possession. You may be required to confirm in writing to Pioneer that you have complied with these termination obligations.
Sections 2.2, 2.3, 3, 4, and 7 of this License will continue to apply even after termination of the License. These sections relate to restrictions, export controls, warranties, breach consequences, and general legal terms, which are designed to survive the termination of the user license itself.
7. General Terms
- 7.1 Governing Law: This License is governed by specific laws depending on your region:
- If you are a resident of the European Economic Area (EEA), Belgian law applies.
- If you are a resident of the United States, the laws of the State of California, U.S.A., apply.
- If you are a resident of Canada, the laws of the Province of Ontario and applicable federal laws of Canada apply.
- For residents of any other territory outside the EEA, United States, or Canada, Japanese law applies.
- 7.2 Jurisdiction: Pioneer and you agree to attempt to resolve any disputes arising from this License amicably through good-faith efforts. If amicable resolution is not possible:
- For EEA residents, claims can be settled through binding arbitration in Brussels, Belgium, under the rules of the International Chamber of Commerce, or through Belgian courts if arbitration is not agreed upon.
- For residents outside the EEA, arbitration is the default method for dispute resolution, held in venues specified by region (USA: New York, Dallas, or Los Angeles; Canada: Vancouver, Toronto, or Quebec; Other: Tokyo).
- Arbitration awards are final and binding.
- For Canadian residents, if arbitration is unenforceable, courts in Toronto have exclusive jurisdiction.
- 7.3 Exclusion of Remedies: To the maximum extent permitted by applicable law, Pioneer Group and its suppliers/licensors are not liable for any indirect, special, incidental, punitive, exemplary, or consequential damages arising from this License or your use of the Software. This exclusion applies regardless of the legal basis of the claim, even if Pioneer Group was advised of potential damages. Exceptions apply only in cases of Pioneer’s willful misconduct, gross negligence, or in cases of death or physical injury caused by Pioneer’s actions or omissions.
- 7.4 Limitation of Liability: To the maximum extent permitted by law, the total aggregate liability of Pioneer Group and its suppliers/licensors for any damages or claims related to this License is limited to the greater of US$10.00 or the price you paid for the Pioneer Auto product associated with the Software. This limitation is cumulative across all claims. This section sets a cap on Pioneer’s financial liability under this agreement.
- 7.5. Your Specific Rights: Some jurisdictions may not allow the exclusion of certain damages or limitations of liability. Therefore, some of the exclusions or limitations in this License may not apply to you, depending on the laws of your jurisdiction. Your legal rights may vary based on where you live.
- 7.6 Essential Purpose: Unless restricted or modified by applicable law, the disclaimers, exclusions, and limitations in this License are valid even if any remedy provided under the License fails to achieve its essential purpose.
- 7.7 Severability and Waiver: If any part of this License is deemed illegal or unenforceable, that part will be modified to the extent possible or removed, while the rest of the License remains in full effect. Failure to enforce any provision does not constitute a waiver of future enforcement of that provision or any other provision.
- 7.8 No Assignment: You are not permitted to assign or transfer this License or any rights or obligations under it without Pioneer’s prior written consent. Pioneer, however, may freely assign or transfer this License, with notice provided in advance if it impacts your guarantees. This clause clarifies restrictions on transferring the license.
- 7.9 Entire Agreement: This License constitutes the complete and exclusive agreement between you and Pioneer regarding the Software and Documentation. It supersedes all prior agreements and communications. Modifications or amendments to this License must be in writing and expressly agreed to by Pioneer. No other actions or customs can modify this License. The term “including” is interpreted as “including without limitation.”
8. Contact Us
If you have any questions or complaints about this Pioneer Auto Software License Agreement, please visit Pioneer’s customer support website or contact Pioneer by postal mail at one of the following addresses:
- Pioneer Corporation, Tokyo, Japan
- Pioneer Electronics AsiaCentre Pte. Ltd., Singapore
- Pioneer Europe NV, Belgium
- Pioneer Electronics (USA) Inc., USA
Revised: Version 1.0: December 16, 2019
